Can Debt Collectors still collect after Bankruptcy is Dismissed?

[nythng4mygrl]

What is the name of your state (only U.S. law)? LA

My Chapter 13 was dismissed in July 2010. In looking over my credit report, they reported the wrong amounts, so I disputed the amount due. THey had me borrowing twice, and I only borrowed once. I received a letter in the mail last week stating that if I do not pay the amount due by 2/15, they will follow legal process to collect. They want twice amount due. I thought that they only had 1 year to collect after my dismissal. Can they do this? Please advise.

Thank you.

 

[bigun]

If the bk was dismissed, you lose the protection of the automatic stay and collection activity can proceed.

 

[CSO286]

What is the name of your state (only U.S. law)? LA

My Chapter 13 was dismissed in July 2010. In looking over my credit report, they reported the wrong amounts, so I disputed the amount due. THey had me borrowing twice, and I only borrowed once. I received a letter in the mail last week stating that if I do not pay the amount due by 2/15, they will follow legal process to collect. They want twice amount due. I thought that they only had 1 year to collect after my dismissal. Can they do this? Please advise.

Thank you.

Dismissed or discharged?

 

[nythng4mygrl]

The bankruptcy was dismissed. The company that resumed collection bought a collection from a previous company 2 years ago, and did not notify me until the other day by certified mail. They said that my first payment default will be 2/15 and gave me 9 days from date of letter to pay $10,000.00. I responded with a letter to them asking to prove validy of the debt because the amount they had was double and they show 2 loans from the original debtor instead of 1.

 

[Antigone*]

The bankruptcy was dismissed. The company that resumed collection bought a collection from a previous company 2 years ago, and did not notify me until the other day by certified mail. They said that my first payment default will be 2/15 and gave me 9 days from date of letter to pay $10,000.00. I responded with a letter to them asking to prove validy of the debt because the amount they had was double and they show 2 loans from the original debtor instead of 1.

Why was your BK dismissed?

 

[nythng4mygrl]

My Bankruptcy was dismissed because I was laid off and could not afford the monthly notes. I paid on it for a year. It was Chapter 13.

 

[swalsh411]

You didn't comply with the terms of your BK so collection activity resumed.

 

[Antigone*]

My Bankruptcy was dismissed because I was laid off and could not afford the monthly notes. I paid on it for a year. It was Chapter 13.

You wasted your time with your BK. Now you'll need to pay your bills.

 

[Mass_Shyster]

My Bankruptcy was dismissed because I was laid off and could not afford the monthly notes. I paid on it for a year. It was Chapter 13.

See if you qualify for a chapter 7. Since the previous one was dismissed, it won't bar you from filing chapter 7, although other factors may.

 

[nythng4mygrl]

I sent a certified letter to one of the debtors. She emailed me and wants me to make an appointment to meet with her to view her records. Do I have to go in person or are they obligated to submit the info to me in writing? If I go in person I am afraid I will not receive copies.

 

[swalsh411]

They aren't obligated to mail you copies or give you copies if you meet with them.

 

[Zigner]

I sent a certified letter to one of the debtors. She emailed me and wants me to make an appointment to meet with her to view her records. Do I have to go in person or are they obligated to submit the info to me in writing? If I go in person I am afraid I will not receive copies.

They're not obligated to do anything like this - she's being VERY generous in this offer.

 

[nythng4mygrl]

So if this company recently purchased a debt from another collector and just notified me in writing, don't I have the right to dispute the validity of the debt within 30 days per Fair Debt Collection Act, and aren't they required to provide that proof in writing? If I do not make an appointment am I in the wrong if this goes to court? I don't know these people and not sure why they want me there in person.

 

[Zigner]

So if this company recently purchased a debt from another collector and just notified me in writing, don't I have the right to dispute the validity of the debt within 30 days per Fair Debt Collection Act, and aren't they required to provide that proof in writing? If I do not make an appointment am I in the wrong if this goes to court? I don't know these people and not sure why they want me there in person.

All they have to do is verify with the original creditor that the debt is valid. They don't have to open their books for you to review. That is done through discovery once you are sued...

 

[swalsh411]

You don't have to meet them. You don't have to speak with them. But if they sue you and win, they can garnish your wages. Really at this point your best bet is to make them a repayment offer you can stick with and hope they accept.